First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0313.01 Josh Schultz x5486
SENATE BILL 23-159
Senate Committees House Committees
Agriculture & Natural Resources Agri culture, Water & Natural Resources
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE CONTINUATION OF THE COLORADO FOOD SYSTEMS101
ADVISORY COUNCIL , AND, IN CONNECTION THEREWITH ,102
EXTENDING THE SUNSET DATE BY THREE YEARS AND MAKING AN
103
APPROPRIATION.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Sunset Process - Senate Agriculture and Natural Resources
Committee. The Colorado food systems advisory council established
within Colorado state university is scheduled to repeal on September 1,
HOUSE
3rd Reading Unamended
May 3, 2023
HOUSE
Amended 2nd Reading
May 2, 2023
SENATE
3rd Reading Unamended
April 3, 2023
SENATE
Amended 2nd Reading
March 31, 2023
SENATE SPONSORSHIP
Hinrichsen and Pelton B., Pelton R., Priola, Simpson, Buckner, Cutter, Exum, Ginal,
Gonzales, Hansen, Marchman, Winter F.
HOUSE SPONSORSHIP
Boesenecker and Lindsay, Bird, Bockenfeld, Brown, Dickson, Duran, English, Garcia,
Gonzales-Gutierrez, Herod, Jodeh, Joseph, Kipp, Lieder, Lukens, Marshall, McCluskie,
McCormick, McLachlan, Michaelson Jenet, Ricks, Sharbini, Snyder, Story, Titone, Velasco,
Willford, Woodrow, Young
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. 2023. The bill extends the sunset date until September 1, 2030.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 2-3-1203, repeal2
(14)(a)(X); and add (17)(a)(VII) as follows:3
2-3-1203. Sunset review of advisory committees - legislative4
declaration - definition - repeal. (14) (a) The following statutory5
authorizations for the designated advisory committees are scheduled for6
repeal on September 1, 2023:7
(X) The Colorado food systems advisory council created in part8
11 of article 31 of title 23;9
(17) (a) The following statutory authorizations for the designated10
advisory committees will repeal on September 1, 2026:11
(VII) T
HE COLORADO FOOD SYSTEMS ADVISORY COUNCIL
12
CREATED IN SECTION 23-31-1102.13
SECTION 2. In Colorado Revised Statutes, 23-31-1102, amend14
(2); and add (2.1) as follows:15
23-31-1102. Colorado food systems advisory council - created16
- membership - terms - vacancies. (2) The council consists of:17
(a) The following six members appointed as indicated:18
(I) One representative of the department of education, appointed19
by the commissioner of education;20
(II) One representative of the department of public health and21
environment, appointed by the executive director of the department of22
public health and environment;23
(III) One representative of the department of agriculture,24
appointed by the commissioner of agriculture;25
159-2- (IV) One representative of the department of human services,1
appointed by the executive director of the department of human services;2
(V) One representative of the Colorado state university extension,3
appointed by the director of the Colorado state university extension; and4
(VI) One representative of the Colorado office of economic5
development, created in section 24-48.5-101, appointed by the director of6
the office of economic development; and7
(b) Sixteen FIVE members appointed by the governor or the8
governor's designee as follows:9
(I) Two members who are recipients of a federal food assistance10
program, at least one of whom is a recipient of the supplemental nutrition11
assistance program;12
(II) Two members who represent different sectors of agricultural13
production, one of whom is a specialty crop producer and at least one of14
whom sells agricultural products to a public school or school district ONE15
MEMBER WHO IS KNOWLEDGEABLE ABOUT NUTRITION, PREFERABLY A16
PHYSICIAN LICENSED IN THIS STATE OR A REGISTERED DIETITIAN ; AND17
(III) Two members who represent food wholesalers or food18
retailers, one of whom must be a direct market retailer; AND19
(c) TWELVE MEMBERS ON A ROTATING BASIS IN THE ORDER LISTED20
IN THIS SUBSECTION (2)(c), AS NEW POSITIONS OR VACANCIES ARISE,21
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES , THE22
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF23
THE SENATE, AND THE MINORITY LEADER OF THE SENATE , AS FOLLOWS:24
(IV) (I) One member who represents a statewide anti-hunger25
organization;26
(V) (II) Two members who are knowledgeable about federal27
159
-3- agencies, one of whom has expertise in federal food and nutrition service1
programs and one of whom has expertise in rural community and regional2
development programs or community and economic development3
programs;4
(VI) (III) One member from an academic institution who5
specializes in economic systems, agriculture, or health care;6
(VII) (IV) Two members who represent institutional procurement,7
one of whom is from an educational setting and one of whom is from a8
health-care setting;9
(VIII) (V) One member who represents a local, nonprofit,10
community organization engaged in a farm-to-school program or local11
food systems;12
(IX) (VI) One member who represents a food distributor or a food13
hub;14
(X) (VII) One member who is knowledgeable about nutrition,15
preferably a physician licensed in this state or a registered dietician; and16
TWO MEMBERS WHO REPRESENT DIFFERENT SECTORS OF AGRICULTURAL17
PRODUCTION, ONE OF WHOM IS A SPECIALTY CROP PRODUCER AND AT18
LEAST ONE OF WHOM SELLS AGRICULTURAL PRODUCTS TO A PUBLIC19
SCHOOL OR SCHOOL DISTRICT;20
(XI) (VIII) One member who is a representative of a statewide21
healthy food systems organization; AND22
(IX) ONE MEMBER WHO IS A REPRESENTATIVE OF A FOOD BANK .23
(2.1) I
F TWO NEW POSITIONS OR VACANCIES LISTED IN SUBSECTION
24
(2)(c) OF THIS SECTION OPEN SIMULTANEOUSLY , THE INDIVIDUAL FIRST25
SCHEDULED TO APPOINT PURSUANT TO SUBSECTION (2)(c) OF THIS SECTION26
SHALL CHOOSE WHICH POSITION TO APPOINT .27
159
-4- SECTION 3. In Colorado Revised Statutes, 23-31-1103, amend1
(1)(a), (1)(a)(III), and (1)(b); and add (1)(b.5) and (3) as follows:2
23-31-1103. Council - purpose and duties. (1) The purposes3
PURPOSE of the council include IS TO GROW LOCAL, REGIONAL, AND4
STATEWIDE FOOD ECONOMIES WITHIN WHICH PRODUCERS HAVE ACCESS TO5
NEW MARKETS AND LOW -INCOME POPULATIONS HAVE ACCESS TO FRESH ,6
AFFORDABLE, AND HEALTHY FOODS. DUTIES OF THE COUNCIL INCLUDE:7
(a) Growing local, regional, and statewide food economies within8
which producers have access to new markets and low-income populations9
have access to fresh, affordable, and healthy foods. The council will10
collaborate and coordinate COLLABORATING AND COORDINATING with11
agricultural producers, relevant state and federal educational institutions,12
nongovernmental organizations, and consumers to connect state and13
federal agencies and to provide Colorado agricultural producers,14
including fruit and vegetable producers, with viable market opportunities.15
Areas of focus include:16
(III) Supporting the implementation of the recommendations in17
the Colorado blueprint of food and agriculture project, ensuring that the18
recommendations in the blueprint, or its successor project, are updated as19
needed, and ensuring alignment with other state or local food plans if20
relevant. EXAMINING BEST PRACTICES TO ADVANCE OR IMPROVE21
DISTRIBUTION SYSTEMS AND DEVELOP NEW MARKETS FOR COLORADO22
AGRICULTURAL PRODUCERS .23
(b) Conducting research regarding national best practices24
regarding food and nutrition assistance, direct and intermediated market25
development, institutional procurement, and farm-to-school programs; as26
well as other priorities determined by the council;27
159
-5- (b.5) SERVING AS A RESOURCE FOR RESEARCH AND SUPPORT AT1
THE REQUEST OF THE GOVERNOR , MEMBERS OF THE GENERAL ASSEMBLY ,2
OR ANY STATE AGENCY IN CONNECTION WITH THE COUNCIL 'S PURPOSE AND3
DUTIES IN SUBSECTIONS (1)(a) AND (1)(b) OF THIS SECTION;4
(3) T
HE COUNCIL SHALL ACCEPT AND CONSIDER PUBLIC COMMENT
5
REGARDING ANY RESEARCH OR REPORTS CREATED BY THE COUNCIL6
PURSUANT TO SUBSECTIONS (1)(b) AND (1)(b.5) OF THIS SECTION. THE7
COUNCIL SHALL RECEIVE PUBLIC COMMENT FOR A MINIMUM OF SIXTY8
DAYS.9
SECTION 4. In Colorado Revised Statutes, 23-31-1104, repeal10
(2) as follows:11
23-31-1104. Subcommittees of the council. (2) The council may12
engage in any other activity the council determines is necessary to13
accomplish the purposes outlined in this part 11.14
SECTION 5. In Colorado Revised Statutes, amend 23-31-110615
as follows:16
23-31-1106. Reports - recommendations. Notwithstanding17
section 24-1-136 (11)(a)(I), no later than January 31, 2021, and January18
31 every other year thereafter, the council shall report the information19
specified in section 23-31-1103 (1)(d)
AND PROVIDE A SUMMARY OF THE
20
COUNCIL'S ACTIVITIES FROM THE PRIOR YEAR AND A SUMMARY OF THE21
COUNCIL'S PLANNED ACTIVITIES FOR THE UPCOMING YEAR to the house22
rural affairs and agriculture AGRICULTURE, WATER, AND NATURAL23
RESOURCES committee and the senate agriculture and natural resources24
committee, or their successor committees.25
SECTION 6. In Colorado Revised Statutes, amend 23-31-110726
as follows:27
159
-6- 23-31-1107. Repeal of part. This part 11 is repealed, effective1
September 1, 2023 SEPTEMBER 1, 2026. Before the repeal, this part 11 is2
scheduled for review in accordance with section 2-3-1203.3
SECTION 7. In Colorado Revised Statutes, 23-3.3-103, add (12)4
as follows:5
23-3.3-103. Annual appropriations - repeal. (12) (a) T
HE
6
PROVISIONS OF SUBSECTION (1) OF THIS SECTION CONCERNING7
APPROPRIATIONS FOR STUDENT FINANCIAL ASSISTANCE UNDER THIS8
ARTICLE 3.3 DO NOT APPLY TO APPROPRIATIONS MADE FOR THE PURPOSE9
OF THE COLORADO FOOD SYSTEMS ADVISORY COUNCIL PURSUANT TO PART10
11
OF ARTICLE 31 OF THIS TITLE 23.
11
(b) T
HIS SUBSECTION (12) IS REPEALED, EFFECTIVE SEPTEMBER 1,
12
2026.13
SECTION 8. Appropriation. (1) For the 2023-24 state fiscal14
year, $151,068 is appropriated to the department of higher education. This15
appropriation is from the general fund. To implement this act, the16
department may use this appropriation for the college opportunity fund17
program to be used for limited purpose fee-for-service contracts with18
state institutions.19
(2) For the 2023-24 state fiscal year, $151,068 is appropriated to20
the department of higher education. This appropriation is from21
reappropriated funds received from the limited purpose fee-for-service22
contracts with state institutions under subsection (1) of this section. To23
implement this act, the department may use this appropriation for the24
board of governors of the Colorado state university system for the food25
systems advisory council, which amount is based on an assumption that26
the board of governors will require an additional 1.0 FTE.27
159
-7- SECTION 9. Act subject to petition - effective date. This act1
takes effect at 12:01 a.m. on the day following the expiration of the2
ninety-day period after final adjournment of the general assembly; except3
that, if a referendum petition is filed pursuant to section 1 (3) of article V4
of the state constitution against this act or an item, section, or part of this5
act within such period, then the act, item, section, or part will not take6
effect unless approved by the people at the general election to be held in7
November 2024 and, in such case, will take effect on the date of the8
official declaration of the vote thereon by the governor.9
159
-8-